APHIS Clarifies ISPM 15 Quality/Treatment Mark for WPM Exports May be Issued Only Under APHIS Agreement, Etc.
The Animal and Plant Health Inspection Service has issued an interim rule, effective July 2, 2007, which amends 7 CFR Part 353 to clarify that an International Standards for Phytosanitary Measures No. 15 (ISPM 15) quality/treatment mark is an industry-issued certificatefor the export of wood packaging material (WPM), and may only be issued when the organization applying the mark has entered into an agreement with APHIS.
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The interim rule also removes all references to a certificate of heat treatment (PPQ Form 553) from the regulations as those certificates have been replaced by the ISPM 15 quality/treatment mark.
APHIS will consider all comments received on or before August 31, 2007.
(Since the adoption of ISPM 15, APHIS notes that it has encountered several cases where private firms have developed and applied quality/treatment marks (similar to what is described and pictured in ISPM 15, but used outside of APHIS' export certification regulatory program) to WPM for export without entering into an agreement with APHIS and, it appears, without applying the treatments that are required under ISPM 15, which APHIS states is clearly not in conformity with the purpose and intent of the regulations.)
ISPM 15 Mark is an Industry-Issued Certificate, Requires APHIS Agreement
APHIS is amending 7 CFR Part 353 to make it clear that ISPM 15 marks areindustry-issued certificates and thus may only be issued when the person, company, or entity applying the certification mark has first entered into a written agreement with APHIS and applies the mark in accordance with all applicable requirements. Specifically, APHIS is amending the definition of and references to industry-issued certificates in 7 CFR 353.1, 353.2, and 353.7(d) by adding to each: "An industry-issued certificate includes an ISPM 15 quality/treatment mark."
ISPM 15 Mark Replaces Certificate of Heat Treatment
Now that the ISPM 15 quality/treatment mark is the international standard for confirming that WPM has been treated, APHIS no longer issues certificates of heat treatment (PPQ Form 553) and is therefore amending the regulations to remove all references to the obsolete form.
-comments must be received on or before August 31, 2007
(See ITT's Online Archives or 04/06/07 news, 07040605, for BP summary of U.S. Customs and Border Protection guidelines for liquidated damages and penalties on WPM imports.
See ITT's Online Archives or 07/14/06 news, 06071410, for BP summary of a CBP update of its operating procedures for full enforcement of WPM import regulations.)
APHIS contact - John Jones II (301) 734-8860
APHIS interim rule (D/N APHIS-2006-0122, FR Pub 07/02/07) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-12770.pdf